Terms of Business

1. General

All executive search and recruitment consultancy services undertaken by Charity Begins NFP Consulting GmbH (“CB”) are subject to the terms and conditions set out below. These terms are incorporated into any agreement between CB and the client. In the event of any conflict between these terms and any other terms, these terms shall prevail unless expressly agreed otherwise in writing by CB.

In providing executive search and recruitment consultancy services, CB acts in the capacity of an employment agency. Any amendments to these terms must be made in writing and signed by an authorised representative of CB.

These Terms are intended primarily for business-to-business (B2B) engagements. Where services are provided to consumers within the meaning of applicable German, EU, or UK law, any mandatory statutory rights shall remain unaffected.

Definitions

Candidate: Any individual whose details are provided to the client by CB following an instruction to CB.

Introduction: The provision of information by CB (or by a Candidate at CB’s request) which enables the client to identify a Candidate, whether or not the Candidate was already known to the client.

Engagement: Any form of employment, consultancy, or other work undertaken by a Candidate with the client following an Introduction.

The client agrees to:

Keep confidential all Candidate information shared by CB.
Use such information solely for the purpose for which CB was engaged.
Not hinder, obstruct, or prevent CB from providing its services.

2. Services

The type and scope of services will be agreed with the client in advance and are typically set out in a written proposal or agreement. Services may include executive search, search and selection, or advisory consultancy.

CB will act in good faith and use reasonable skill and care in providing its services but does not guarantee the identification, suitability, performance, or continued engagement of any Candidate introduced.

3. Fees and Pricing Structure

CB operates on a retained executive search basis, subject to the following:

Agreed Fee: The total fee for the assignment will be agreed in advance and confirmed in writing before work commences.

Exclusivity: CB will be the only recruitment partner or agency working on the agreed assignment including the clients on internal process.

Initial Retainer: 50% of the agreed fee shall be invoiced and payable upon the client formally undertaking the assignment and instructing CB to commence work.

Completion Fee: The remaining 50% of the agreed fee shall be invoiced upon verbal acceptance of the role by the successful Candidate.

Fees are payable in accordance with the agreed payment terms and are not contingent upon the Candidate commencing employment or completing any probationary period, unless expressly agreed otherwise in writing.

CB reserves the right, at its sole discretion, to decline any enquiry or assignment.

4. Terms of Payment

Payment is due within 14 days of the invoice date.

VAT or other applicable sales taxes will be applied where required under German, EU, or UK tax law.

5. Refunds and Replacements

CB provides bespoke executive search and recruitment consultancy services, tailored to the specific requirements of each client.

No Refunds

To the fullest extent permitted by applicable German, EU, and UK law, CB does not offer refunds once services have commenced.

Where CB provides services to consumers (as defined under German, EU, or UK consumer protection legislation), any non-waivable statutory rights, including applicable withdrawal or cancellation rights, remain unaffected.

Replacement Guarantee

Where a Candidate introduced by CB leaves the position for any reason within three (3) months of their start date, CB will, where reasonably possible, undertake one replacement search at no additional fee.

This replacement search shall:

Be limited to the same or substantially similar role
Be based on the original brief
Constitute the sole and exclusive remedy available to the client in such circumstances

No refunds, fee reductions, credits, or alternative compensation will be provided in lieu of a replacement search.

6. Intellectual Property

All materials, reports, and content created by CB in the provision of services remain the property of CB unless and until the client has fulfilled all contractual obligations, including full payment.

Upon receipt of full payment, CB grants the client a non-exclusive, non-transferable licence to use any materials specifically created for the client for their internal purposes, unless otherwise agreed in writing.

7. Liability and Governing Law

Limitation of Liability

CB shall not be liable for any indirect, consequential, or special losses, nor for the acts, omissions, or performance of any Candidate.

CB’s total liability for direct losses arising under these Terms shall be limited to the amount of the agreed fee, except where liability cannot be lawfully limited, including for death or personal injury caused by negligence.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Germany.

Where the client is based in the United Kingdom, nothing in these Terms shall deprive the client of any mandatory protections afforded under applicable UK law.

The courts of Germany shall have exclusive jurisdiction, unless mandatory statutory provisions require otherwise.

8. Data Protection

CB and the client shall each comply with all applicable data protection laws, including the EU General Data Protection Regulation (GDPR), the UK GDPR, and applicable German and UK data protection legislation.

Personal data may include CVs, references, and other Candidate information. Both parties shall:

Process personal data lawfully, fairly, and solely for agreed recruitment purposes
Implement appropriate technical and organisational measures to protect personal data
Cooperate in responding to data subject rights requests
Retain personal data only for as long as necessary, unless a longer retention period is required by law

Terms of Business